Policy Consultant to Support the Development of a Circular replacing Circular 27/2018/TT-BNNPTNT

INDEPENDENT CONSULTANT SCOPE OF WORK

A. DAI ORGANIZATION AND VALUES

DAI is a global development company with corporate offices in the United States, the United Kingdom, EU, Nigeria, Pakistan, and Palestine and project operations worldwide. We tackle fundamental social and economic development problems caused by inefficient markets, ineffective governance, and instability. DAI works on the frontlines of global development. Transforming ideas into action—action into impact. We are committed to shaping a more livable world.

DAI and its employees are committed to confronting racism and holding ourselves accountable for positive change within the company and in the communities, cultures, and countries in which we live and work. DAI is committed to attracting and retaining the best employees from all races and backgrounds in our continued effort to become a better development partner.

DAI upholds the highest ethical standards. We are committed to the prevention of sexual exploitation, abuse, and harassment as well as other ethical breaches. All of our positions are therefore subject to stringent vetting and reference checks.

B. PROJECT BACKGROUND

The USAID Sustainable Forest Management Project (the Project) will work with the Government of Vietnam (GVN) to reduce carbon emissions associated with deforestation, the degradation of natural forests, and poor plantation management. The Project will implement a “Green Prosperity” approach that strengthens local communities’ ability to protect their natural resource base and reduce emissions while building a strong foundation for sustainable livelihoods and equitable economic growth.

The Project will work in seven provinces (Lao Cai, Son La, Hoa Binh, Thanh Hoa, Nghe An, Quang Tri, Quang Nam) and focus on five objectives:

1. Improve and expand community forest management
2. Increase conservation-friendly enterprises in forest-dependent communities
3. Increase functionality of law enforcement system for forest crimes
4. Improve production forest management practices
5. Mobilize domestic resources for forest management and protection

The Project will be implemented during the period 2020-2025 by DAI in collaboration with RECOFTC and Preferred by Nature as partners, with the Ministry of Agriculture and Rural Development (MARD) as the counterpart and the Management Board of Forestry Projects (MBFP) as project owner.

C. DESCRIPTION OF CONSULTANCY SERVICE:

I. BACKGROUND AND RATIONALE

On November 16, 2018, the Ministry of Agriculture and Rural Development (MARD) issued Circular No. 27/2018/TT-BNNPTNT regulating the inspection and traceability of forest products (hereinafter referred to as Circular 27) to guide: i) the order and procedures for harvesting common forest plants and common forest animals; ii) the documents required for legal forest products, inspection of traceability of forest products; iii) marking specimens of species on the list of endangered, precious and rare forest plant and animal species; wildlife species included in the Appendices to CITES Convention; finished timber products for buying and selling.

Circular 27 basically ensures the requirements of reducing and simplifying administrative procedures, making it more open compared to the previous regulations, thus creating favorable conditions for business activities. exploitation, production, trade, import and export of forest products. On the other hand, Circular 27 stipulates required documents for legal forest product for the entire domestic timber supply chain (exploitation, transportation, trading, and wood processing), which is one of two important legal documents that regulate the legal records for the entire supply chain, thereby contributing to the completion of the Vietnam Timber Legality Assurance System (VNTLAS).

However, as reflected by many provinces, due to the openness of regulations in Circular 27, local authorities are facing many difficulties in the management, monitoring, inspection and supervision of timber exploitation. The statistics and reports on timber production from plantation forests are not submitted timely, complete, and true to the actual volume of timber harvested. In many localities, there has been the situation where legalization of forest products without legal origin in production and business activities. In addition, at present, there are no regulations on the management of ornamental trees, shade trees, and old/ancient trees. Many people in take advantage of the situation and exploit the forest trees to sell for ornamental purposes, which generate adverse effects forest resources and create anger in public opinion.

MARD has recently issued its Decision No. 5254/QD-BNN-PC dated 31 December 2021 on the Plan of developing legal documents of the Ministry of Agriculture and Rural Development in 2022, which specifies that a new Circular will be developed to replace Circular 27.

Following MARD’s Decision, VNForest assigned the Forest Protection Department (FPD) to act as the focal point for developing the new Circular. VNForest also requested the USAID Sustainable Forest Management Project to support FPD with the development of the new Circular. Additional support also comes from the Project “Support the Implementation of VPA/FLEGT Agreement” funded by GIZ. Therefore, the Project will cooperate with GIZ in this assignment.

II. OVERALL GOAL

Support FPD to develop a Circular to replace Circular 27/2018/TT-BNNPTNT in order to overcome difficulties, obstacles and inadequacies in the implementation of the Circular in practice, ensuring compliance with relevant legal documents, especially Decree No. 102/2020/ND-CP dated 1 September 2020 of the Government stipulating the Vietnam Legal Timber Assurance System and the VPA/FLEGT Agreement.

III. DETAILED GOALS

1. Propose options for the development of the new Circular that replaces Circular No. 27/2018/TT-BNNPTNT in order to sufficiently address legal gaps, ensure the legality and consistence with relevant legal documents.
2. Support the process of developing a Circular to replace Circular 27/2018/TT-BNNPTNT and some related documents to submit to the Minister of Agriculture and Rural Development for promulgation

IV. SCOPE OF WORK AND TASKS

1.         Scope of work

1. Propose structure, contents of the new Circular.
2. Prepare agenda and contents of and attend the consultation field trip and events to collect inputs for the development of the drafts of the new Circular and associated documents (see 2.1.2 for details).
3. Support the development of the drafts of the new Circular and some associated documents.

2.         Specific tasks

The consultant will work closely with FPD, DAI and exchange with GIZ and its consultants when needed throughout the implementation of this assignment.

2.1.     Develop drafts of the new Circular and associated documents

• Propose initial structure and contents of the new Circular:
  
  • Review related policies, legal documents and available assessment reports (some developed by GIZ’s consultants) to reach common understanding of policy issues that need to be addressed in the new Circular;
  • Discuss with FPD, DAI, GIZ and propose the structure and contents of the new Circular (Initial Draft or Draft Zero of the new Circular).
• Develop different versions of the new Circular and associated documents

The consultant will support the formulation of the following versions or drafts of the new Circular and associated documents as listed in the Table below:

2.2.     Support the consultation process and collect inputs for the development of the new Circular and associated documents

• Field trip to the Project provinces:
  
  • Prepare agenda and content (issues to be discussed, list of guiding questions or questionnaire) for 01 field trip to 02 Project provinces;
  • Attend the field trip and collect comments, feedback, inputs for updating the versions of the new Circular and associated documents.
• Technical meetings and National Consultation Workshop:
  
  • Prepare agenda and contents of 02 one-day Technical Meetings in Hanoi; Attend the meetings to collect comments from participants; support FPD to response to the comments and questions; 
  • Prepare agenda and contents of a one-day National Consultation Workshop in Hanoi; Attend the National Consultation Workshop to collect comments from participants; support FPD to response to comments and questions;
  • Consolidate and analyze the collected comments and inputs from the Technical Meetings and National Consultation Workshop for updating the versions of the new Circular and associated documents.
• Attend other technical meetings

In addition to the two Technical Meeting and National Consultation Workshop mentioned above, the consultants will also attend different technical meetings at smaller scale with VNFOREST, FPD, DAI and other concerned Departments of MARD and VNForest to complete his/her tasks.

V. LOCATION

Hanoi and 02 project provinces (to be identified later)

VI. CONSULTATION TIME (LOE) AND DELIVERABLES

Consultant submits Deliverables D1 – D10 in Vietnamese; D11 and D12 in Vietnamese and English

VII. QUALIFICATIONS

VIII. How to apply and requested documents

Individual interested candidates are requested to submit:

• Updated CV in English and Vietnamese
• Cover letter in English indicating why the applicant is suitable for this position along with current contact details of at least three referees in English and Vietnamese
• Scanned copy of highest related degrees
• Similar consultancy projects/reports completed before either in English or Vietnamese
• Technical proposal in English to carry out this consultancy assignment (approach and implementation plan)

via email to our recruitment email at [email protected]. Please quote the position title in the subject line: “Candidate’s full name _ Policy expert _ Circular 27”

Deadline for application: 5.00 p.m. (Hanoi time), February 25, 2022

Remark: If being recruited, the candidate will have to provide DAI with a release letter with authorized signature and stamp from current employer to certify that candidate will not receive salary from current employer during the implementation of this consultancy assignment. This release letter is required for candidate who are currently working for government agencies only.

______________

To learn more about DAI, please visit our website: https://www.dai.com/

DAI is an equal opportunity/affirmative action employer with a commitment to diversity. DAI does not discriminate in employment on the basis of race, color, religion, sex (including pregnancy and gender identity), national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, parental status, veteran status, or other non-merit factor